Being injured in an accident is a shocking event that can leave even the most emotionally stable person feeling unsettled and anxious. Getting medical attention and treatment is certainly the most important activity immediately after an accident.
However, it is equally crucial to move quickly to hire a personal injury attorney if you wish to file a lawsuit against the at-fault party who caused your injury. Having a trusted attorney by your side can help you represent your case in a convincing manner that secures for you the compensation you rightly deserve.
Being injured in an accident is a shocking event that can leave even the most emotionally stable person feeling unsettled and anxious. Getting medical attention and treatment is certainly the most important activity immediately after an accident.
However, it is equally crucial to move quickly to hire a personal injury attorney if you wish to file a lawsuit against the at-fault party who caused your injury. Having a trusted attorney by your side can help you represent your case in a convincing manner that secures for you the compensation you rightly deserve.
Types of Personal Injury Cases in New York
A personal injury case is one where you sustain an injury or some sort of harm due to the carelessness or negligence of another party. Personal injury cases can belong to any of the following categories:
- Slip and fall accidents
- Motor vehicle accidents
- Construction accidents
- Amusement park accidents
- Medical malpractice cases
- Dog bite incidents
- Improper nursing care incidents
- Wrongful death
Whatever be the type of personal injury case, you will be eligible to receive compensation from the insurance company that covers the entity that was at fault in your injury. In order to ensure that you win damages in the case, your personal injury lawyer must have not just a good knowledge of New York laws governing personal injury, but also have superlative communication skills to convey your case in a convincing way.
How to Choose a New York Personal Injury Attorney
Deciding to file a personal injury case requires you to act quickly after the accident in order to make sure that the other party does not destroy evidence or try to cover up incriminating issues. So, speed is of essence in hiring legal help. Yet, the experience, skill and competence of your personal injury attorney is going to have a huge impact on the outcome of your lawsuit, so it is vital that you get all the necessary information which allows you to pick the right attorney to represent your case.
The most coveted information you should attain at the very beginning is about the area of law in which the lawyer specializes. Only an attorney who works in the field of personal injury will have the necessary experience and skill to understand your case and present it in an effective manner. Just as a computer engineer cannot help you construct a house, an attorney who specializes in real estate law cannot help you with a personal injury case.
Another important step to take before you talk to an attorney is to find out if they have ever been disciplined or censured by an ethics or legal committee for any past activity. A lawyer with a past misdemeanor that attracted censure is not the most credible of legal professionals to provide you effective representation.
When you consult an attorney for the initial consultation, pay attention to how good they are at listening to you with patience, and whether they ask questions to really understand the nuances of your case. Check how receptive they are to questions you have and assess their ability to provide sound and logical answers to your concerns. A dedicated and committed attorney will also be able to evaluate the strengths and weaknesses of your case and tell you how likely you are to succeed in getting the compensation you have in mind.
Questions to Ask a Personal Injury Lawyer
Once you have identified lawyers specializing in personal injury cases in New York, here are a few pertinent questions you need to ask to decide which one of them you should hire.
Question #1: What is Your Past Track Record with Personal Injury Cases?
Asking about past experience and track record with personal injury cases can help you judge if the attorney is new to the job, or one with considerable experience. Someone who is just starting out is less likely to have the contacts or resources required to gather all evidence and ensure it is not destroyed by any other agencies. A personal injury attorney who has handled previous such cases will have the experience and skill necessary to manage your case effectively, maximizing your chances of getting the compensation that you claim.
Question #2: What is Your Estimate of the Time for Resolution of This Case?
The duration of a trial depends on several factors, so an attorney cannot give you an exact timeframe for how long it will take for your case to resolve. Every case is different with its own unique features that will decide how long the processing time will be. However, from their prior experience with cases similar to yours, the personal injury lawyer will be able to give you a rough estimate of the time it may take for different steps of the lawsuit process including doctor visits for investigations, legal proceedings and so on.
Make sure you get clear information regarding what your role as a client will be and the number of appearances you have to make for a deposition or a pre-trial conference and other events related to your case.
Having this information can help you plan to manage your finances until you receive the compensation. Sticking to a plan and being on the same page as your legal professional is critical. This is crucial because your injury may have already caused you a loss of income due to an inability to resume work, with the added burden of medical expenses.
Question #3: Who is the Attorney that will Actually Represent the Case?
When you choose to hire an attorney who belongs to a firm, confirm if they will be the one who actually represents your case. Often, the legal work is distributed to several case managers who may not be lawyers and junior lawyers may be deputed to attend hearings.
While these persons may be entirely qualified for the job to be done, and it probably may have no impact on how your case proceeds, you may have wanted one particular attorney to represent your case. So, knowing if the personal injury lawyer you want to represent you is going to be doing it or if there will be other lawyers involved is an important point to clarify.
Question #4: How much Trial Experience do You Have?
Once you file a personal injury case, it is quite likely that you will receive a settlement offer from the insurance company that has to pay for your compensation. You must realize that this amount offered, even if it appears a sizeable amount, will be far lesser than what you can expect to win in the event of your case going to a trial. A personal injury attorney in New York who has a reasonable number of cases that went to trial is more likely to be someone who can fight aggressively on your behalf in the court, and is not someone who will quickly accept a low-ball settlement offer from insurers.
It is equally important to find out how an attorney will react if you disagree with their opinion regarding a settlement. Asking if they will yield to your wishes if you want to either accept a settlement or reject it can give you an idea about whether the attorney is the right choice for your case.
Question #5: Do You Work on Contingency Basis?
Most personal injury lawyers work for a contingency fee – that is, their payment is contingent upon the client receiving the compensation amount. They do not charge anything for their services during the legal process, and only get a portion from the damages that you receive if you have a positive trial outcome.
A few personal injury attorneys may even be willing to pay their clients for their expenses including doctor visits under special circumstances. Considering your mounting medical bills and dwindling finances due to a lack of income, it is wiser to have such an attorney represent you rather than hiring someone who instead charges you by the hour for dealing with your personal injury case.
Ask about what percentage of the settlement the attorney expects to receive. Make sure the fee agreement is documented in the retainer agreement you will have to sign with the attorney.
Consult With a Top Rated New York Personal Injury Attorney Today
If you or someone you know has been injured in an accident caused by the fault of another party, it is crucial that you get in touch with an experienced personal injury lawyer at once. The initial consultation can help you get a feel of whether you feel comfortable with a particular attorney and find it easy to trust them to handle your case effectively to ensure you obtain the maximum amount of compensation to which you are entitled.
Our skilled personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP, have several decades of experience in handling personal injury cases in New York, and can help you through the complex legal process of filing and getting the compensation you deserve.
We can provide you with testimonials from past clients whose claims we have successfully processed to help you judge if we are the best fit for your case. Call us at 212-344-1000 to schedule a free, no-obligation consultation today.
